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There are several ways to challenge the application of the ACCA in court since the decision in Johnson. On direct appellate review. A decision invalidating the ACCA’s residual clause as unconstitutionally vague will apply in any case where the prisoners conviction has not yet become final Prisoners on collateral review per 28 USC 2255. It… Read More

Unites States Supreme Court case of Johnson v. United States, decided June 26, 2014, determined that imposing a sentence under ACCA’s residual clause violates due process. The definition of “any felony involving conduct that presents a serious potential risk of physical injury to another” requires a determination if it is, in fact, a violent crime…. Read More

In a recent victory for Marcia Shein’s client, Andrew Magnuson, on June 1, 2015, the justices of the Georgia Supreme Court affirmed habeas corpus relief for him after the State of Georgia appealed the initial decision, according to the written decision of Chief Justice Thompson in the case of Smith v. Magnuson. Background Story … Read More

If a jury convicts you of a crime, don’t make the assumption that the verdict is final. Most cases go through an appeals process, and the motion for a new trial is a very common part of that process. By filing this motion, your attorney is basically asking the judge to vacate the judgment or… Read More

A common question we receive from clients who are facing criminal charges is, “Can my charges be reduced?” The short answer is yes, it is possible for charges to be reduced or even dropped. However, it bears some further explanation. When criminal charges are brought against you, they are brought by the prosecuting attorney, who… Read More

The term “habeas corpus” is often heard in the context of the appeals process after a conviction. What is habeas corpus, and can it help you appeal your conviction? UNDERSTANDING HABEAS CORPUS Under the guarantees of the U.S. Constitution, you can’t be imprisoned unlawfully, without due process, or without the government showing just cause. The… Read More

Here in the U.S., most of us live under multiple governmental jurisdictions (local, state and federal), and most crimes are prosecuted in either state or federal court. This can be confusing for the defendant charged with a federal crime. What, exactly, makes your crime a federal offense, rather than a local or state offense? The… Read More

“How do you plead?” It’s not just a phrase we hear on popular court television programs. The defendant’s plea to the charges is a pivotal moment in any criminal court case, and can have a profound effect on the outcome. From the moment you are charged, you should be asking an experienced attorney, “What are… Read More

One of the common questions we receive from people previously convicted of a crime is, “How do I get rid of my criminal record?” There is no doubt that having a criminal record can complicate your life greatly, making it more difficult to get certain kinds of work, to obtain proper housing, etc. While there… Read More

In the eyes of the law, mortgage fraud refers broadly to the act of providing false or misleading information on mortgage documents for the purpose of closing real estate transactions that would not go through otherwise. Mortgage loans are complex transactions requiring many qualifications and involving many documents, and often lenders or borrowers attempt to… Read More